IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 2174 OF 2024 (DEC/POS)

BETWEEN:

1. KALEEM KHAN S/O-GHOUSE KHAN AGED ABOUT 36 YEARS R/AT NO.37, BANAGARAGIRI NAGAR

2^ND CROSS, D.J.HALLI BENGALURU-45.

…APPELLANT (BY SRI. NATARAJ .G, ADVOCATE)

AND:

1. M. RAJA S/O LATE PANCHAMARIMUNIYAPPA @MUNISWAMY AGED ABOUT 76 YEARS Digitally signed by AL BHAGYA R/AT NO. 555, 7^TH CROSS Location: HIGH PERIYAR NAGAR, BSA ROAD COURT OF KARNATAKA FRAZER TOWN POST, BENGALURU-5.

…RESPONDENT (BY SRI. RAMAMURTHY .H.S, ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.03.2024 PASSED IN OS.NO.3637/2015 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, C/C LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND POSSESSION.

THIS APPEAL, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

The captioned appeal is by the unsuccessful plaintiff assailing the judgment and decree rendered in O.S.No.3637/2015, w